University Singapore University of Social Science (SUSS)
Subject Intellectual Property Law

Assignment question

Spreadit Pte Ltd has registered the mark ‘FLAVOURFUL CAKES’ for their sale of dessert pastries. Their dessert pastries are popular with sales growing at a rapid rate.

Takeon Pte Ltd recently used the mark ‘FLAVOURY CAKES for its latest sale of cakes. Some of its customers have ordered the cakes on the basis that they were produced by Spreadit Pte Ltd.

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  • What legal recourse does Spreadit Pte Ltd have in relation to an alleged infringement of trademark rights on the part of Takeon Pte Ltd?
  • Can Takeon Pte Ltd rely on any possible defenses?
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